Defense files mistrial motion that could see accused teen walk free.

KENOSHA, Wisconsin (PNN) - November 17, 2021 - Prosecutors in the Kenosha shooter trial withheld evidence from the defense that was “at the center of their case,” only sharing the high-definition drone video footage on which they have hung their prosecution after the trial had concluded.

Assistant District Attorney Thomas Binger played the enhanced drone footage to the jury during his closing statements and claimed that it showed Rittenhouse “pointing his gun” at people - an assertion that opened the door to the state claiming Rittenhouse provoked the violence of the night of August 25, 2020.

Now Rittenhouse's defense insists that the state only shared it with the defense after evidence had closed on Saturday November 13.

This is one just one of the grounds on which they have made a motion for a mistrial with prejudice filed by Kyle Rittenhouse's defense Monday afternoon.

According to the motion, “On November 5, 2021, the fifth day of trial on this case, the prosecution turned over to the defense footage of a drone video that captured some of the incident from August 25, 2020.”

“The problem is the prosecution gave the defense a compressed version of the video. What that means is the video provided to the defense was not as clear as the video kept by the state.”

The motion goes on to explain that the file size of the defense video is just 3.6MB while the prosecution's is 11.2MB.

The motion states that this larger file was not provided to the defense until after the trial concluded.

It reads, “During the jury instructions conference, the defense played their version of the video for the court to review. The state indicated their version was much clearer and had their tech person come into court to have the court review their clearer video. The video is the same, the resolution of that video, however, was not.”

In fact, the state did not provide the larger file until two days before closing arguments and after the evidence had been closed.

The motion states, “As it relates to the compressed drone footage. The prosecution should be required to explain to the court why they did not copy the footage for the defendant with the same quality as their copy.”

“The video footage has been at the center of this case. The idea that the state would provide lesser quality footage and then use that footage as a linchpin in their case is the very reason they requested and were granted the provocation instruction by the Court.”

Lawyers for Rittenhouse filed their motion for mistrial with prejudice based on this and several other grounds.

They had already raised the issue of “prosecutorial misconduct” and “overreach” for Binger's behavior when he violated Rittenhouse's constitutional right to remain silent by suggesting that he had only exercised his right so that he could “tailor” his story to fit the facts as they emerged during trial.

The defense also objected to the prosecution’s bid to enter evidence into trial that had already been excluded by the judge. Both transgressions came the day that Rittenhouse testified, and saw Judge Bruce Schroeder furiously admonish the prosecutor, telling him, “This better stop.”

In the motion filed Monday, Rittenhouse's defense team has reiterated Corey Chirafisi's contention in court that Binger's behavior was “clearly intentional” and “prejudicial.”

For his part, Judge Schroeder did not accept Binger's insistence that he acted in good faith, snapping, “I don't believe you.”

According to the defense, “The failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant.”

The jury is now out for deliberation to determine the fate of Kyle Rittenhouse.